RFQ 2043FY-25-Q-00054.pdf
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- Attached to
- IRS Graphic Design Services
- Solicitation number
- 2043FY-25-Q-00054
About this file
This is a Request for Quotation (RFQ) for Graphic design services issued by the Internal Revenue Service (IRS). The solicitation is a total small business set-aside for graphic design work under NAICS code 541430, with a $9.0 million size standard. The procurement is for a firm fixed-price purchase order with a base year and four 12-month option periods, spanning from October 31, 2025 to October 30, 2030.
Key details include a requirement for quote submission by 2:00 pm EST on October 7, 2025, with evaluation using a Lowest Price Technically Acceptable (LPTA) method. The technical evaluation will focus on the contractor's experience with Adobe Illustrator and InDesign, ability to manage large-scale design projects, and providing seven samples of prior design work. One sample must be a complex 100+ page report. The contractor must demonstrate capabilities in data visualization, page layout, and visual storytelling. Pricing must be comprehensive, covering all direct and indirect costs, and submitted using the provided pricing worksheet.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 2 Pricing worksheet 10-8-25.xlsx | XLSX spreadsheet | |
| RFQ 2043FY-25-Q-00054 Amendment 0002.pdf | ||
| Section 3 Attachment 1 Statement of Work_R1_7Oct25.pdf | ||
| Request for Information Log_Graphic Design RFQ 2043FY-25-Q-00054.xlsx | XLSX spreadsheet | |
| RFQ 2043FY-25-Q-00054 Amendment 0001.pdf | ||
| Attachment 2 Draft Pricing worksheet.xlsx | XLSX spreadsheet | |
| Attachment 1 Statement of Work.pdf |
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Graphic Design Services Combined Synopsis Solicitation Notice Description
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 , as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Additionally, the Government will utilize simplified procedures in accordance with FAR Part 13.
2. This combined synopsis/solicitation is being issued as a Request for Quotation (RFQ) with RFQ number 2043FY-25-Q-00054.
3. A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 effective 27 August 2025.
4. The North American Industry Classification System (NAICS) code for this solicitation is 541430 Graphic Design Services. The Small Business Size Standard in millions of dollars is $9.0. This requirement shall be a Total Small Business Set-Aside.
5. The contractor shall provide the requirement under a Firm Fixed Priced contract in accordance with (IAW) attached Statement of Work (SOW). The following table contains the description of requirements for the Contract Line Item Numbers (CLIN) items to be acquired and the date and place of the delivery/performance, acceptance, and FOB point.
Item No. FSC Item Description QTY Unit Unit Price Total Value
0001 T012
Graphic Design Services in accordance with Statement of Work (Base Year)
Base Year: 10/31/2025 – 10/30/2026
1.000 JB
1001 T012
Graphic Design Services in accordance with Statement of Work (Option Year 1)
Option Year 1: 10/31/2026 – 10/30/2027
1.000 JB
2001 T012
Graphic Design Services in accordance with Statement of Work. (Option Year 2)
Option Year 2: 10/31/2027 – 10/30/2028
1.000 JB
3001 T012
Graphic Design Services in accordance with Statement of Work. (Option Year 3)
Option Year 3: 10/31/2028 – 10/30/2029
1.000 JB
RFQ# 2043FY-25-Q-00054 Page 1 of 81 https://www.acquisition.gov/far/subpart-12.6 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P297_49561
4001 T012
Graphic Design Services in accordance with Statement of Work. (Option Year 4)
Option Year 4: 10/31/2029 – 10/30/2030
1.000 JB
Total Contract Price:
SECTION 1 – PURCHASE ORDER TERMS AND CONDITIONS
1.1 DESCRIPTION OF AGREEMENT
This is a Request for Quote (RFQ) for a Purchase Order (PO) consistent with Federal Acquisition Regulations (FAR) Part 13.
This is a set aside for Small Businesses as defined by NAICS Code 541430. The Government will accept only quotes submitted by Small Businesses. Any quote that is submitted by a Quoter that is not a Small Business will not be considered for award.
1.2 PERIOD OF PERFORMANCE
The anticipated period of performance for this PO is for a 12-month base period and four (4) 12-month option periods for a total of 60 months as follows:
Base Year: October 31, 2025 – October 30, 2026 Option Year 1: October 31, 2026 – October 30, 2027 Option Year 2: October 31, 2027 – October 30, 2028 Option Year 3: October 31, 2028 – October 30, 2029 Option Year 4: October 31, 2029 – October 30, 2030
1.3 PO COMMUNICATION PROTOCOL
The Contracting Officer (CO), in conjunction with the Contracting Officer Representative (COR) and other government personnel should strive to provide a structured and integrated approach for coordinating written and oral direction to a contractor on technical and contractual matters. The CO is the only individual authorized to give direction in any format to the contractor that would bind the government. The COR is authorized to give written or oral technical direction to the contractor only if this communication is non-binding and does not constitute contract direction.
Information from other government personnel should be coordinated through the CO and/or the COR. With the exception of the CO and COR, no other government individual shall provide direction to the contractor either in writing or orally.
RFQ# 2043FY-25-Q-00054 Page 2 of 81
1.4 INSPECTION AND ACCEPTANCE PROCESS
Order inspection and acceptance will be performed by the COR on a monthly basis or as appropriate in order to certify the invoices for payment.
1.5 INVOICE REVIEW
Invoices for each Order will be reviewed by the COR within 7 days of receipt to ensure accuracy before certifying the invoice for payment. Invoices shall be submitted by the contractor in accordance with the Electronic Submission of Payment Requests clause in the PO Order.
1.6 ADMINISTRATIVE CONTRACTING OFFICER
The Contracting Officer designated for administering this PO is:
Daniel Rapoport Phone : (484) 636-0401 email: daniel.s.rapoport@irs.gov
The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of the PO, and notwithstanding any clauses contained elsewhere in the PO, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the PO price to cover any increase in cost incurred as a result thereof.
1.7 ELECTRONIC INTERFACE
The PO holder is required to interface with Office of Procurement via electronic mail for all pre and post award contractual actions, including but not limited to access to RFQ/RFQ documents, Questions and Answers, contractor submission of technical, management and price quotes, access to award, amendments, modification documents and invoice submission.
1.8 PO TERMINATION
The IRS Office of Procurement Contracting Officer may terminate for convenience the PO at any time by providing at least 30 days written notice to the contractor.
RFQ# 2043FY-25-Q-00054 Page 3 of 81
Section 2 -- SUPPLIES OR SERVICES
2.1 PRICE/COST SCHEDULE
The Quoter shall provide the Graphic Design Services in accordance with the Statement of Work (SOW). The Quoter shall provide a quote by completing Attachment 2, Price Submission Worksheet.
2.2 INVOICING AND PAYMENT INSTRUCTIONS
(a) Invoices shall be submitted electronically to www.ipp.gov.
(b) An electronic copy shall also simultaneously be submitted to the COR and the Contracting
Officer.
(c) Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.
(d) Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.
THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK
RFQ# 2043FY-25-Q-00054 Page 4 of 81 http://www.ipp.gov/
SECTION 3 – Statement of Work
See Attachment 1
THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK
RFQ# 2043FY-25-Q-00054 Page 5 of 81
SECTION 4 – CONTRACT CLAUSES
A. CONTRACT TERMS AND CONDITIONS
52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
(End of clause)
Clauses Incorporated by Reference:
52.203-3 Gratuities (Apr 1984)
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.204-13 System for Award Management Maintenance
52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Aug 2025)
52.222-41 Service Contract Labor Standards (Aug 2018)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.224-3 Privacy Training (Jan 2017) Alternate I (Jan 2017)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.224-3 Privacy Training (Jan 2017) Alternate I (Jan 2017)
52.228-5 Insurance—Work on a Government Installation (Jan 1997)
52.229-3 Federal, State, and Local Taxes (Feb 2013)
RFQ# 2043FY-25-Q-00054 Page 6 of 81
52.232-18 Availability of Funds (Apr 1984)
52.232-23 Assignment of Claims (May 2014)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.243-1 Changes-Fixed Price Alternate I (July 2025)
1052.210-70 Contractor Publicity (Apr 2015)
1052.228-70 Insurance (Apr 2015)
Full Text Clauses:
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (DEVIATION 2025-00002) (Feb 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions
RFQ# 2043FY-25-Q-00054 Page 7 of 81 of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (6) [Reserved]
_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(DEC 2023) (Pub. L. 115-390, title II).
___ (ii) Alternate I (DEC 2023) of 52.204-30.
___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C.
6101 note).
___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) (41 U.S.C. 2313).
RFQ# 2043FY-25-Q-00054 Page 8 of 81
___ (14) [Reserved]
___ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.
657a).
_X_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (17) [Reserved]
___ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-6.
___ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
___ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (NOV 2016) of 52.219-9.
___ (iii) Alternate II (NOV 2016) of 52.219-9.
___ (iv) Alternate III (JUN 2020) of 52.219-9.
___ (v) Alternate IV (JAN 2025) of 52.219-9.
___ (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
___ (ii) Alternate I (MAR 2020) of 52.219-13.
_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
___ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
___ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
RFQ# 2043FY-25-Q-00054 Page 9 of 81
___ (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
___ (ii) Alternate I (MAR 2020) of 52.219-28.
___ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
___ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
___ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
___ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
___ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
___ (33) [Reserved]
___ (34) [Reserved]
___ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
___ (ii) Alternate I (JULY 2014) of 52.222-35.
___ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
___ (ii) Alternate I (JULY 2014) of 52.222-36.
___ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
___ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
RFQ# 2043FY-25-Q-00054 Page 10 of 81
_X_ (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
___ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
___ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
___ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
___ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
___ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION 2025-00002 FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (48)(i) 52.225-1, Buy American—Supplies (OCT 2022)) (41 U.S.C. chapter 83).
___ (ii) Alternate I (OCT 2022) of 52.225-1.
___ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
___ (ii) Alternate I [Reserved].
___ (iii) Alternate II (JAN 2025) of 52.225-3.
___ (iv) Alternate III (FEB 2024) of 52.225-3.
___ (v) Alternate IV (OCT 2022) of 52.225-3.
RFQ# 2043FY-25-Q-00054 Page 11 of 81
___ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.
5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
___ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
___ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
___ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
___ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
___ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(OCT 2018) (31 U.S.C. 3332).
___ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
___ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
___ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
___ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
RFQ# 2043FY-25-Q-00054 Page 12 of 81
___ (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
___ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in
RFQ# 2043FY-25-Q-00054 Page 13 of 81 excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115-390, title II).
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(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67).
(xvi) __ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
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(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph
(c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-8 Option To Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
52.217-9 Option To Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months or 5 years and 6 months.
(End of Clause)
52.223-23 Sustainable Products and Services (DEVIATION 2025-00002) (Feb 2025)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR part 4270.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).
Sustainable products and services means:
(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).
(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 4270) (https://www.biopreferred.gov).
(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).
(b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
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(2) The Contractor shall ensure that the sustainable products and services required by this contract are—
(i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and
(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.
(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.
(End of Clause)
1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)
(a) The COR is Ashley Halbash at ashley.m.halbash@irs.gov; Phone: 801-259-1951.
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement.
The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
RFQ# 2043FY-25-Q-00054 Page 18 of 81 mailto:ashley.m.halbash@irs.gov
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
(End of Clause)
1052.204-70 Insider Threat Awareness Training (Jul 2016)
(a) Definition. “Classified information,” as used in this clause, is defined in FAR 2.101(b).
(b) The Government has determined that access to classified information is necessary in performance of this contract.
(c) Contractor personnel, including subcontractor personnel, determined to require access to classified information in performance of this contract shall successfully complete Insider Threat Awareness training initially and annually thereafter.
(1) Failure of a contractor employee to successfully complete the training in paragraph (c) of this clause will result in their access to classified information being revoked until such time the training is successfully completed. The Government reserves the right to take additional action deemed necessary to protect its interests.
(d) The Government may provide Contractor personnel access to a system for purposes of completing this training electronically.
(e) The Contractor shall ensure all Contractor personnel, including subcontractor personnel comply with the requirements of this clause.
(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where subcontractor personnel will have access to classified information.
(End of Clause)
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1052.204-71 Cybersecurity and Privacy Awareness Training (March 2024)
The Federal Information Security Modernization Act of 2014 (FISMA) requires each federal agency to provide periodic information security and privacy awareness training to all contractors/subcontractors involved in the management, use, or operation of Federal information and information systems.
(a) The Government has determined that access to Government information technology is necessary in performance of this contract.
(b) Contractor personnel, including subcontractor personnel, determined to require access to Government information technology in performance of this contract shall successfully complete cybersecurity and privacy awareness training initially and annually thereafter as well as any supplemental awareness training and exercises required.
(1) Failure of a contractor employee to successfully complete the training in paragraph (b) of this clause may result in their access to Government information technology being revoked until such time the training is successfully completed.
(2) The Government reserves the right to take additional action deemed necessary to protect its interests.
(c) The Government may provide Contractor personnel access to a system for purposes of completing this training electronically.
(d) The Contractor shall ensure all Contractor personnel, including subcontractor personnel comply with the requirements of this clause.
(e) The Contractor shall include the substance of this clause in all subcontracts at any tier where subcontractor personnel will have access to Government information technology.
(End of Clause)
1052.204-9000 Submission of Security Forms and Related Materials (Aug 2025)
The Treasury Security Manual (TD P 15-71) sets forth investigative requirements for contractors and subcontractors who require staff-like access, wherever the location, to (1) IRS-owned or controlled facilities (unescorted); (2) IRS information systems (internal or external systems that store, collect, and/or process IRS information); and/or (3) IRS sensitive but unclassified (SBU) information.
“Staff-Like Access” is defined as authority granted to perform one or more of the following:
• Enter IRS facilities or space (owned or leased) unescorted (when properly badged);
• Possess login credentials to information systems (internal or external systems that store, collect, and/or process IRS information);
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• Possess physical and/or logical access to (including the opportunity to see, read, transcribe, and/or interpret) SBU data; (See IRM 10.5.1 for examples of SBU data);
• Possess physical access to (including the opportunity to see, read, transcribe, and/or interpret) security items and products (e.g., items that must be stored in a locked container, security container, or a secure room. These items include, but are not limited to security devices/records, computer equipment, and identification media. For details see IRM 10.2.14, Physical Security Program, Methods of Providing Protection; or,
• Enter physical areas storing/processing SBU information (unescorted)
Staff-like access is granted to an individual who is not an IRS employee (and includes, but is not limited to: contractor/subcontractor personnel, whether procured by IRS or another entity, vendors, delivery persons, experts, consultants, paid/unpaid interns, other federal employee/contractor personnel, cleaning/maintenance personnel, etc.), and is approved upon required completion of a favorable suitability/fitness determination conducted by IRS Personnel Security.
For security requirements at contractor facilities using contractor-managed resources, please reference Publication 4812, Contractor Security & Privacy Controls. The contractor shall permit access to IRS SBU information or information system/assets only to individuals who have received staff-like access approval (interim or final) from IRS Personnel Security.
Contractor/subcontractor personnel requiring staff-like access to IRS equities are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following eligibility/suitability pre-screening criteria, as applicable:
• IRS account history for federal tax compliance (for initial eligibility, as well as periodic checks for continued compliance while actively working on IRS contracts);
• Selective Service registration compliance (for males born after 12/31/59); Contractors must provide proof of registration which can be obtained from the Selective Service website at www.sss.gov;
• U.S. citizenship/lawful permanent residency compliance; If foreign-born, contractors must provide proof of U.S. citizenship or Lawful Permanent Residency status by providing their Alien Registration Number (“A” Number);
• Background investigation forms;
• Credit history;
• Federal Bureau of Investigation fingerprint results; which requires a REAL ID that meets the standards of the REAL ID Act or a U.S. Department of State issued passport; and,
• Review of prior federal government background investigations.
In this regard, Contractor shall furnish the following electronic documents to Personnel Security (PS) at hco.ps.contractor.security.onboarding@irs.gov within 10 business days (or shorter period) of assigning (or reassigning) personnel to this contract/order/agreement and prior to the contractor (including subcontractor) personnel performing any work or being granted staff-like access to IRS SBU or IRS/contractor (including subcontractor) facilities, information systems/assets that process/store SBU information thereunder:
RFQ# 2043FY-25-Q-00054 Page 21 of 81
• IRS-provided Risk Assessment Checklist (RAC);
• Non-Disclosure Agreement (if contract terms grant SBU access); and,
• Any additional required security forms, which will be made available through PS and the
COR.
Contract Duration:
a. Contractor (including subcontractor) personnel whose duration of employment is 180 calendar days or more per year must meet the eligibility/suitability requirements for staff-like access and shall undergo a background investigation based on the assigned position risk designation as a condition of work under the Government contract/order/agreement.
b. If the duration of employment is less than 180 calendar days per year and the contractor requires staff-like access, the contractor (including subcontractor) personnel must meet the eligibility requirements for staff-like access (federal tax compliance, Selective Service Registration, and US Citizenship or Lawful Permanent Residency), as well as an FBI Fingerprint result screening.
c. For contractor (including subcontractor) personnel not requiring staff-like access to IRS facilities, IT systems, or SBU data, and only require infrequent access to IRS-owned or controlled facilities and/or equipment (e.g., a time and material maintenance contract that warrants access one or two days monthly), an IRS background investigation is not needed and will not be requested if a qualified escort, defined as an IRS employee or as a contractor who has been granted staff- like access, escorts a contractor at all times while the escorted contractor accesses IRS facilities, or vendor facilities where IRS IT systems hardware or SBU data is stored. As prescribed in IRM 10.23.2, escorting in lieu of staff-like access for IT systems and access to SBU data (escorted or unescorted) will not be allowed.
The contractor (including subcontractor) personnel will be permitted to perform under the contract/order/agreement and have staff-like access to IRS facilities, IT systems, and/or SBU data only upon notice of an interim or final staff-like approval from IRS Personnel Security, as defined in IRM 10.23.2 – Contractor Investigations, and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to:
• IRM 10.2.14 – Methods of Providing Protection; and,
• IRM 10.8.1 - Policy and Guidance.
Current Investigation Reciprocity: Individuals who possess a prior favorably adjudicated Government background investigation that meets the scope and criteria required for their position may be granted interim staff-like access approval upon verification of the prior investigation, receipt of all required contractor security forms, and favorable adjudication of IRS pre-screening eligibility/suitability checks. If their current investigation meets IRS established criteria for investigative reciprocity, individuals will be granted final staff-like access, and will not be required to undergo a new investigation beyond an approved pre-screening determination.
RFQ# 2043FY-25-Q-00054 Page 22 of 81
Flow down of clauses: The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails access to SBU information by a subcontractor, at any tier, the same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS.
(End of Clause)
1052.204-9001 Notification of Change in Contractor Personnel Employment Status, Assignment, or Standing (Apr 2024)
The contractor, via e-mail (hco.ps.contractor.security.onboarding@irs.gov), shall notify the Contracting Officer (CO), Contracting Officer's Representative (COR), and Personnel Security within one (1) business day of the contractor (including subcontractor) becoming aware of any change in the employment status, information access requirement, assignment, or standing of a contractor (or subcontractor) personnel under this contract or order – to include, but not limited to, the following conditions:
• Receipt of the personnel’s notice of intent to separate from employment or discontinue work under this contract/order;
• Knowledge of the personnel’s voluntary separation from employment or performance on this contract/order (if no prior notice was given);
• Transfer or reassignment of the personnel and performance of duties under this contract/order, in whole or in part, to another contract/order (and if possible, identify the gaining contract/order and representative duties/responsibilities to allow for an assessment of suitability based on position sensitivity/risk level designation);
• Denial of or revocation of staff-like access as determined by IRS Personnel Security;
• Separation, furlough, or release from employment;
• Anticipated extended absence of more than 45 days;
• Change of legal name;
• Change to employment eligibility;
• Change in gender or other distinction when physical attributes figure prominently in the biography of an individual;
• Actual or perceived conflict of interest in continued performance under this contract/order (provide explanation); or
• Death.
When required by the COR, the contractor may be required to provide the information required by this clause to the IRS using the Risk Assessment Checklist (RAC) or security documents as identified by Personnel Security. The notice shall include the following minimum information:
• Name of contractor personnel;
• Nature of the change in status, assignment or standing (i.e., provide a brief non-personal, broad-based explanation);
• Affected contract/agreement/order number(s);
• Actual or anticipated date of departure or separation;
RFQ# 2043FY-25-Q-00054 Page 23 of 81
• When applicable, the name of the IRS facility or facilities this individual routinely works from or has staff-like access to when performing work under this contract/order;
• When applicable, contractor (including subcontractor) using contractor (or subcontractor) owned systems for work must ensure that their systems are updated to ensure personnel no longer have continued staff-like access to IRS work, either for systems administration or processing functions; and
• Identification of any Government Furnished Property (GFP), Government Furnished Equipment (GFE), or Government Furnished Information (GFI) (to include Personal Identity Verification (PIV) credentials or badges – also referred to as SmartID Cards) provided to the contractor personnel and its whereabouts or status.
In the event the subject contractor (including subcontractor) is working on multiple contracts, orders, or agreements, notification shall be combined, and the cognizant COR for each affected contract or order (using the Contractor Separation Checklist (Form 14604 (Rev. 8-2016)) shall be included in the joint notification along with Personnel Security. These documents (the RAC and security forms) are also available by email request to Personnel Security.
The vendor POC and the COR must ensure all badges, Smart Cards, equipment, documents, and other government furnished property items are returned to the IRS, systems accesses are removed, and Real Estate & Facilities Management is notified of federal workspace that is vacant.
As a rule, the change in the employment status, assignment, or standing of a contractor (or subcontractor) personnel to this contract or order would not form the basis for an excusable delay for failure to perform under the terms of this contract, order, or agreement.
Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff-like access to SBU information by a subcontractor, at any tier, the same…
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